United States of America v. Robert Shipp

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted June 29, 2005
Decided July 5, 2005
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
Hon. TERENCE T. EVANS, Circuit Judge
No. 05-1486
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ROBERT SHIPP,
Defendant-Appellant.
Appeal from the United States
District Court for the Northern District
of Illinois, Eastern Division.
No. 93 CR 350-4
Marvin E. Aspen, Judge.
O R D E R
On October 5, 2004, Robert Shipp filed, with the district court, a document entitled
“Motion for Modification of an Imposed Term of Imprisonment Under 18 U.S.C. § 3582(c)(2).”
The district court issued an order properly recharacterizing Shipp’s motion as a collateral attack
under 28 U.S.C. § 2255 and denied his motion because it was filed without our permission. In
essence, what Shipp wanted was reconsideration of the sentence he received more than a decade
ago following his conviction in 1993 on various counts of a superseding indictment charging
several narcotics-related offenses.
Shipp’s October 5, 2004, filing was obviously a “second and successive petition” to
vacate his sentence under § 2255. Because he cannot rely on the Supreme Court’s decision in
United States v. Booker, 125 S. Ct. 738 (2005), which is not retroactive to cases on collateral
review, we cannot authorize him to proceed with a second kick at this long-dead cat.
Accordingly, we AFFIRM the district court’s denial of Shipp’s motion.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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